The Manpower Employment Blawg post on $319 Million Fine for FedEx? highlights the enormous downside of misclassifying workers. There are many motivations to classify a worker as an independent contractor rather than an employee including payroll tax savings, benefit plan and insurance savings, increased workforce flexibility and headcount management to name a few. The test for worker
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Employer’s Response to an “Inappropriate Remark” Can Avoid Legal Problems
By Michael Moore on
Posted in Employment Law
In my previous post, I explained how a court can seize on one remark by a supervisor to infer a discriminatory motive for an employment decision. I have also commented that even a single remark, if sufficiently sever, can create a hostile work environment for the purposes of a harassment claim. What does this do to…
The Limits of Customer Preference in Hiring and Promotion Decisions and Helping Managers Communicate with Employees
By Michael Moore on
Posted in Employment Law
A recent federal court of appeals decision in Simple v. Walgreens Company is a case study on two important points. First, how the pressures of marketing in a competitive retail environment can overtake the limits of discrimination laws. Second, how a supervisor’s communication with an employee can create an issue of discrimination.
Like many retailers, Walgreens tracks demographic…
President Bush joins Blogosphere
By Michael Moore on
Posted in Employment Law
The Associated Press reports that Bush Administration blogging Mideast trip and notes that “Everybody’s doing it, so why not the White House? President Bush’s team is joining the blogosphere, planning regular postings during his Mideast trip.” The blog can be found at http://www.whitehouse.gov/infocus/mideast/notes/index.html. Let the comments begin!
Ford Motor Company and UAW Settle Class Action Race Discrimination Suit based on Biased Testing Program
By Michael Moore on
Posted in Employment Law
Ford Motor Co., along with two related companies and a national union, will pay $1.6 million and provide other remedial relief to a class of nearly 700 African Americans to settle a major race discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC had charged in the litigation that a written test…
But Names will Never Hurt me…Not so for Racial Slurs
By Michael Moore on
Posted in Employment Law
As to our previous post on taking seriously complaints of racial harassment, thanks to Jon Hyman at the Ohio Employer’s Law Blog who posted the EEOC’s press release and commented on the case. The press release details the types of harassment as follows:
The EEOC charged that Daniels [the employee] was the target of persistent verbal
…
Not Taking Complaints of Race Discrimination Seriously can be Costly
By Michael Moore on
Posted in Employment Law
When an employee complains about how co-workers are treating him or her it is never appropriate to respond, “That’s just boys being boys, and that’s the way it is here at [insert defendant company’s name].”
According to media accounts that is how Lockheed handled complaints of racial harassment that included being called derogatory names and being…
New I-9 Form now Mandatory
By Michael Moore on
Posted in Employment Law
Effective December 26, 2007, employers were required to use the new version of the I-9 Form. The new form and instructions are available on line. Highlights of the changes in acceptable documentation were previously posted: Revised I-9 Form Issued: Changes Acceptable Documentation.
EEOC allows Employers to Coordinate Retiree Plans with Medicare
By Michael Moore on
Posted in Employment Law
The EEOC issued final regulations that create a specific exemption from the Age discrimination laws (ADEA) allowing employers to coordinate (meaning alter, reduce or eliminate) health benefits for retirees who become eligible for Medicare. The EEOC regulations describe the exemption as follows:
Some employee benefit plans provide health benefits for retired participants that are altered, reduced
…
Acknowledging the End of 2007: Why or Why Not?
By Michael Moore on
Posted in Employment Law
Since I am a relative newcomer to the blogosphere, I tried to follow the lead of my counterparts in recognizing the end of the year. I looked around and what I learned is there are no traditions. Most blogs let the year expire without any fanfare or even acknowledgment.
Under “Modern Practices”, January 1st…